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The Supreme Court's Power In Our Government

Lately there has been much debate among political analysts regarding the power of the Supreme Court and possible overextension of this power. A quote has been presented, which claims that “…this unelected group of nine, usually white and usually male, individuals has overextended its powers to the point where it acts like another legislature, complete with elicit displays of partisanship.” I believe that this opinion lacks merit upon analysis of different aspects of the Supreme Court, including its foundation and purpose, the nature of its composition, and the execution and constraint of this high court.

Looking at all of these various aspects of the Supreme Court, the controversial “abuse of power” accusation can be rebutted ; the Court is composed of judges indirectly elected by the people, the Court is weakened by its shared power, it only rules in cases regarding the interpretation of the Constitution (it doesn’t make laws), and its rulings are often restrained by judicial review.

Alexander Hamilton laid the foundation for the Supreme Court’s purpose in his Federalist 78 dissertation. Hamilton stated that the Supreme Court is an “excellent barrier to the encroachments and oppressions of the representativ


Also, the Supreme Court has many outside influences when deciding cases. (Greenberg and Page 440-442) The government’s public policy-making is not without external opinion and pressures. First of all, the government itself is an influence. “...as Hamilton put it in The Federalist No. 78, the Court cannot force others to obey its decisions…” (Woll 411) This inability to implement its decisions extracts some power from its policies. Plus, influence from the general society’s values as a whole is influential. According to political analyst John P. Roche, “…when monolithic majorities do exist on issues, the Court is likely to resort to judicial self restraint.” (Woll 423) The Court will listen to the opinions of the society when making their own decisions. Also, Presidential influences have a part in the Court, and voters of the nation elect this President. Congressional influences come up next; we also elect members of the House and Senate. Interest groups exert influence, and interest groups can be influenced by money. Finally, social movements play a part, and anyone can be a part of a social movement, providing that they have the energy and dedication necessary for doing so. All of these influences dilute the power of the Supreme Court, the Justices opinions can be swayed by one or more of them. The President and Congress are elected, interest groups are easily manipulated, and social groups are composed of normal, everyday citizens who wish to have a voice. The factor of outside influence definitely makes it so the Supreme Court is swayed in its decision-making, once again watering down its power and eliminating the possibility of tyranny

The United States presidential election of 2000 will forever be controversial; the winner of the election was debated due to the votes in Florida. First George Bush was proclaimed the winner, and then the election was “too close to call.” (Greenberg and Page 419) Soon after, reports of voting irregularities surfaced, then Democrats demanded hand recounts in certain counties. There was a deadline of November 14 for these recounts to be complete. George Bush was declared the winner at this time, but then the Supreme Court became involved. On December 8, “…the Florida Supreme Court, responding to a request from the Gore campaign, ruled that hand recounts could continue in three counties,

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Approximate Word count = 1608
Approximate Pages = 6 (250 words per page double spaced)


  

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